This is the fourth annual survey of this kind. I have used the same approach as in 2022 and 2023: The table below combines an Anglo-Saxon view of the jazz… Read More
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ECJ: Choice of Court Agreement under Brussels I Regulation Effective Without Foreign Element
By Peter Bert
Last week, the European Court of Justice held that choice of court agreements fall within the scope of Article 25(1) Brussels I Regulation if parties to a contract domiciled in the same Member State agree on the jurisdiction of the…
The Best Jazz Album 2023 – A Comparative Survey
By Peter Bert
This is the third annual survey of this kind. This year, I have adopted the same basic approach as in the 2022 survey: The table below combines the Anglo-Saxon view of the jazz world, represented by the New York Times…
Human Rights Day: Freedom, Equality and Justice for All
By Peter Bert
Today marks the 75th anniversary of the Universal Declaration of Human Rights. The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 and sets out, for the first time, fundamental human rights to be universally…
International Civil Procedure: News as of 1 September 2023
By Peter Bert
On September 1, 2023, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters enters into force. In German domestic law, the jurisdiction for the enforcement of foreign judgments is newly defined – as…
Federal Supreme Court: Jurisdictional Issues in the “Lost Art” Database Case
By Peter Bert
The judgment of the Federal Supreme Court (Bundesgerichtshof) in the “Lost Art” database case so far has attracted attention primarily because of its significance for art and restitution law. However, it has something to offer not only in terms of…
Art Law: Lewenstein Heirs v. Bayerische Landesbank – Recommendation of the Advisory Commission
By Peter Bert
In the case of the heirs of Hedwig Lewenstein Weyermann and Irma Lewenstein Klein v. Bayerische Landesbank, the Advisory Commission’s decision recommending the restitution of Wassily Kandinsky’s painting Das bunte Leben (The Colourful Life) was published on 13 June 2023.…
Berlin Administrative Court Allows Freedom of Information Act Access in Support of Arbitral Proceedings
By Peter Bert
The Berlin Administrative Court (Verwaltungsgericht) ruled in favor of information access under the German Freedom of Information Act (Informationsfreiheitsgesetz, IFG) in a case related to the German passenger car toll system (Pkw-Maut). The case revolved around claims from plaintiffs –…
Law to Fight Child Marriages Incompatible with the Basic Law
By Peter Bert
This is a post for conflicts of laws nerds and lovers of legal policy – a lesson in symbolic politics and disregard for private international law expertise. And it takes me back to my days as a student assistant to…
The German “Commercial Courts” Dilemma
By Peter Bert
In an M&A contract, the parties consider agreeing on the jurisdiction of the German courts. The corporate guys get in touch: “Isn’t there this M&A chamber at the Frankfurt District Court, where they conduct proceedings in English…?” Well: There is…